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What happens if I am caught with an open container in my car?

On Behalf of | Aug 6, 2024 | Traffic Offenses

The consumption of alcohol when operating a motor vehicle is prohibited and can lead to legal consequences. 

In Missouri, having an open container of alcohol in your vehicle when driving is prohibited and can result in legal action, including fines. 

What containers can get me in trouble?

Open container laws typically address containers that are easily accessible within the passenger area of the vehicle. In Missouri, containers that can get you in trouble may include:

  • Bottles: This includes any open or partially consumed beer, liquor or wine bottles. Even if the bottle is not currently being consumed, if it’s open and within reach of the driver, it could lead to legal issues.
  • Cans: Open or partially empty cans of beer or mixed drinks fall under this category. If a can has been opened and contains alcohol, it is considered an open container.
  • Cups or glasses: Containers such as cups or glasses that hold alcoholic beverages, including mixed drinks or cocktails, are also covered under open container laws. This includes any cups or glasses that have been used for drinking alcohol, even if they are empty.

The law generally targets containers that are open, meaning they have been previously opened or are not sealed.

When can I get away with having an open container?

While the law is strict on open containers of alcohol, there are a few exceptions. These include:

  • Stowed-away containers: If the open container is stored securely in the vehicle’s trunk or glove compartment.
  • Living quarters: In motorhomes or campers, where open containers are allowed in the living area.
  • For-hire vehicles: In limousines or taxis, where passengers can have open containers, provided the driver is not drinking.

If you are in doubt about the reach of open container laws, it is important to consider seeking legal guidance to better ensure compliance and avoid potential penalties.

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